Probation is a criminal punishment. Applicable to defendants sentenced to fixed-term imprisonment of not more than three years or criminal detention. For the above-mentioned defendants, if they meet the four conditions of minor crime, penitence, no criminal danger and no significant adverse impact on the community where they live, they can be suspended.
The probation period is usually stipulated when probation is announced. The probation period of probation is actually only a period stipulated by law, and it is an unchangeable legal period. China's "Criminal Law" clearly stipulates that criminals who have been declared on probation should carry out community correction according to law within the probation period of probation. If there are no circumstances stipulated in Article 77 of this Law, the probation period of probation expires, and the original sentence will not be executed, and an announcement will be made. However, probation cannot exist independently from the original judgment, so the end time of probation is the end time of probation.
Probation has the following three characteristics:
1. Declare the defendant guilty.
2. The defendant will not be punished temporarily.
3. Check the soundness of regulatory agencies and personnel.
Under what circumstances can I fight for probation?
1, suspended sentences must be applied to criminals sentenced to criminal detention or fixed-term imprisonment of not more than three years.
2. Probation must be applied to criminals who do show repentance and will not endanger society if they are not imprisoned.
3. Recidivists cannot apply probation.
4. Go to the court for probation.
5. You don't have to pay a deposit for probation, but you have to pay a fine.
Probation is a "suspended execution" and the court will announce it at the same time. If the probation period does not violate the regulations, the sentence will not be executed. If the circumstances of the crime are serious or do not meet the conditions for probation, the court will not sentence him to probation.
legal ground
Criminal law of the people's Republic of China
Article 72 Applicable Conditions A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions. Among them, people under 18 years old, pregnant women and people over 75 years old should suspend:
(a) the circumstances of the crime are relatively minor;
(2) showing repentance;
(3) There is no danger of committing a crime again;
(four) the announcement of probation has no significant adverse effects on the community where he lives.
Probation can be announced according to the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific personnel during the probation period of probation.
If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed.